2019 QCCQ 14875, 2019 QCCQ 14875

Protection de la jeunesse — 1911377 2019 QCCQ 14875 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 505-41-009517-196 DATE : July 25, 2019 ______________________________________________________________________ PRESIDING : THE HONOURABLE FRANCINE GENDRON ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2017 Child-respondant -and- A , Mother-respondant -and- B , Father-respondant ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act ______________________________________________________________________ JG2494 WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] X and his brother Y are entrusted to the care of their mother and have regular contacts with their respective father. [ 2 ] The Director of Youth Protection (the Director) is asking the Court to declare the security or development of the child in danger for the reason of psychological ill-treatment. [ 3 ] The Director states that there are considerable conflicts and limited ability for the parents to deal with disagreements and concerns and that the child’s exposure to all of the adults’ conflicts is worrisome. [ 4 ] The Director recommends that the child be entrusted to her mother and that the contacts with the father be upon agreement between the parties. [ 5 ] The Director also recommends to forbid the contacts between the child and C, the mother’s former partner, for the reason that this

person physically abused the child in the past. [ 6 ] The parties agree on a joint hearing for the situation of X and his brother Y, born on [...], 2013. [ 7 ] The parents admit that the security and development of their child are in danger and agree with the measures proposed by the Director. [ 8 ] The child’s lawyer is of the same opinion when she takes in consideration the written statements and the testimonies. CONTEXT [ 9 ] Since August 18 th , 2018, the situation is quite tense between Y’s parents.

Their conflicts were also complicated because of the involvement of the mother’s extended family who decided to support the father. [ 10 ] X’s father also expressed concerns regarding the mother but not to the same extent. [ 11 ] Multiple reports where produced since that date, but hopefully, the situation positively evolved since then and the parents accepted to work their communication difficulties for the best interest of their child. [ 12 ] In short, the important facts are the following: [ 13 ] On February 8 th , 2019, the Director received a report in the children’s situation regarding physical abuse for X and serious risk of physical abuse for Y. [ 14 ] It was stated that the mother’s partner smacked X hardly with work gloves and threw him on a chair. [ 15 ] On March 27 th , 2019, Y’s father presented himself at the [Centre A] offices to share his ongoing concerns with his worker regarding the influence of Mr.

C on his son’s attitude and inappropriate language, but also regarding the presence of alcohol and strong smell of cannabis at the mother’s home. [ 16 ] Not satisfied with this meeting, the father contacted the clinical supervisor and shared with him second hand information regarding Mr.

C’s history which he felt presented safety concerns for his son. [ 17 ] Following that conversation, [Centre A] agreed with the father to hold a family meeting with the members of the mother’s extended family. [ 18 ] The father and the extended families expressed considerable concerns as well as other unconfirmed information raised more questions regarding the environment the mother was providing for her children. [ 19 ] With regards to the intensity of the conflicts between the mother on one side and the father and the extended mother’s family on the other side, it became clear for the [Centre A] that some of the allegations were questionable. [ 20 ] On three meetings or visits to the mother’s home, the environment was found to be totally appropriate.

Also, neither the worker, nor the Peacekeepers were able to verify one of the information the father reported concerning the mother being present at Mr. C’s home. [ 21 ] On May 1 st , the father of the child Y contacted social services to report that the mother was denying his routine access to his son. He also reported concerns when he went to the mother’s home as she did not answer the door and the child X presented himself at the patio door and the mother then pulled the child away. [ 22 ] The mother is denying these assertions. [ 23 ] On May 2 nd , Y’s father reported that the mother was smoking pot at Mr.

C’s home in the presence of the children. [ 24 ] Upon the workers’ arrival at this home with [City A] Peacekeepers, the children were not found. [ 25 ] The mother stated that she was home, but the father reported observing Mr. C in the immediate area of her home. [ 26 ] The mother has made statements on her intention to continue her relationship with Mr C. [ 27 ] It became clear for the [Centre A] that the conflicts between Y’s parents were not manageable. [ 28 ] However, there were sufficient information to justify the children not being in the presence of Mr.

C. [ 29 ] The Director retained a new report in the children’s situation regarding psychological ill-treatment. [ 30 ] On May 6 th , the Court essentially entrusted the children to their mother and ordered visitations between the children and their respective father upon agreement between the parties. [ 31 ] Shortly after that hearing, the mother put an end to her relation with Mr. C. [ 32 ] As part of the ongoing intervention, meetings were arranged between the parents in an attempt to help them mediate their conflicts.

The process appears to be productive and there has been a considerable reduction in the number of reported concerns.

[ 33 ] Mr. C testified and stated that he has no objection regarding an order refraining him from any contact with the children. [ 34 ] Considering the positive evolution of the situation, the Court agrees with the parties that the measures sought by the Director are in the best interest of the children. [ 35 ] After receiving the admissions, after considering the reports produced, the testimony heard and the child’s interest, the Court believes that the situation adduced in evidence gives rise to protective measures.

FOR THESE REASONS, THE COURT: [ 36 ] GRANTS the present application; [ 37 ] DECLARES that the security and the development of the child X are in danger for the reason of psychological ill-treatment; [ 38 ] ORDERS that the child X be entrusted to his mother; [ 39 ] ORDERS that the contacts between the child X and his father be upon agreement between the parties; [ 40 ] FORBIDS the contacts between the child X and Mr.

C; [ 41 ] TAKES ACT that the child X will continue attending [Centre B]; [ 42 ] TAKES ACT that the mother agree to continue meeting with her psychologist and follow recommendations; [ 43 ] ORDERS that the parents of the child take an active

part in the application of the measures ordered, namely in participation with the intervention plan; [ 44 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 45 ] ORDERS that the parents of the child report in person at regular intervals to the Director of Youth Protection to inform her of the current situation; [ 46 ] RECOMMENDS that the parents meet with their caseworker on a regular basis to update on their situation; [ 47 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the present judgment; [ 48 ] THE WHOLE , for a period of six (6) months.

Signed on September 30 th , 2019 _________________________________ Francine Gendron, J.C.Q. Mtre. Caterine Caron D.Y.P.’s Lawyer Mtre . Marie-Josée Gingras Child’s Lawyer Mtre. Alexandre Germain Mother’s Lawyer Hearing Date : July 25, 2019